3.
(1) It is a tort, actionable without proof of damage, for a person, wilfully and without a claim of right, to violate the privacy of an individual.

(2)
The nature and degree of privacy to which an individual is entitled in a situation or in relation to a matter is that which is reasonable in the circumstances, regard being given to the lawful interests of others; and in determining whether the act or conduct of a person constitutes a violation of the privacy of an individual, regard shall be given to the nature, incidence, and occasion of the act or conduct and to the relationship, whether domestic or other, between the parties.

(a)
surveillance, auditory or visual, whether or not accomplished by trespass, of an individual, by any means including eavesdropping, watching, spying, harassing or following;

(b)
listening to or recording of a conversation in which an individual participates, or listening to or recording of messages to or from that individual passing by means of telecommunications, otherwise than as a lawful party to them;

(c)
use of the name or likeness or voice of an individual for the purposes of advertising or promoting the sale of, or other trading in, property or services, or for other purposes of advantage to the user where, in the course of the use, the individual is identified or identifiable and the user intended to exploit the name or likeness or voice of that individual; or

(d)
use of letters, diaries or other personal documents of an individual,

without the consent, expressed or implied, of the individual or some other person who has the lawful authority to give the consent is, in the absence of evidence to the contrary, proof of a violation of the privacy of the individual first mentioned.

7.
(1) The right of action for violation of privacy under this Act and the remedies under this Act are in addition to, and not in derogation of, another right of action or other remedy available otherwise than under this Act.

(2)
This section shall not be construed as requiring damages awarded in an action for violation of privacy to be disregarded in assessing damages in other proceedings arising out of the same act, conduct or publication constituting the violation of privacy.

13.
No action lies against the minister or his or her designate under this Act as a result of the disclosure of information regarding the criminal history of a person which, in the opinion of the minister or his or her designate, it is in the public interest to disclose.